Status:

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

where the provision (Part, Chapter or section) has never come into force or;

where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Pensions Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

s. 213(1)-(3)s. 213(4)(a)-(d)(f)s. 213(5)(a)-(d)(f) coming into force by S.I. 2005/1720art. 2(4) (Section 213, except subsections (4)(e) and (5)(e), for the purpose only of conferring power to make regulations, comes into force on 1st July 2005; and for all other purposes, the day after the day on which the first regulations under that section are made. The Pension Protection Fund (Reference of Reviewable Matters to the PPF Ombudsman) Regulations 2005 (S.I. 2005/2024) were made on 20.7.2005)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Commencement Orders yet to be applied to the Pensions Act 2004

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

213Reference of reviewable matter to the PPF OmbudsmanE+W+S

This section has no associated Explanatory Notes

(1)Regulations must make provision—

(a)for a reviewable matter to be referred to the PPF Ombudsman following a reconsideration decision under regulations made under subsection (1)(b) or by virtue of subsection (3)(b) of section 207 in respect of the matter, and

(b)for the PPF Ombudsman—

(i)to investigate and determine what (if any) is the appropriate action for the Board to take in relation to the matter, and

(ii)to remit the matter to the Board with directions for the purpose of giving effect to his determination.

(2)Regulations under subsection (1) must make provision about the making of references to the PPF Ombudsman, including provision—

(a)about the descriptions of persons who may make them,

(b)about the manner of making such references, including the times by which they are to be made, and

(c)for prescribed persons to be notified of—

(i)references made under the regulations, and

(ii)determinations and directions given under the regulations.

(3)Regulations under subsection (1) must—

(a)require the PPF Ombudsman to conduct an oral hearing in relation to any reviewable matter referred to him under the regulations or to dispose of the matter on the basis of written representations,

(b)enable the PPF Ombudsman to consider evidence relating to the matter which was not available to the Board or the Reconsideration Committee, and

(c)make other provision about the procedure for conducting investigations, and reaching and giving determinations, under the regulations, including the times by which determinations are to be given.

(4)The provision that may be made by virtue of subsection (3)(c) includes provision—

(a)conferring rights on prescribed persons—

(i)to make representations to the PPF Ombudsman in relation to a reviewable matter referred to him by virtue of this section,

(ii)to be heard or represented at any oral hearing by the PPF Ombudsman in relation to such a matter,

(b)about the consideration of evidence by the PPF Ombudsman, including—

(i)production of documents,

(ii)oral hearings,

(iii)expert evidence,

(iv)attendance of witnesses,

(c)conferring rights on prescribed persons to continue a reference made by a person who has died or is otherwise unable to act for himself,

(d)as to the costs or expenses of prescribed persons,

(e)conferring rights on prescribed persons to apply for a stay (or in Scotland, for a sist) in relation to prescribed legal proceedings which begin after the reference is made and conferring power on the relevant court to make an order staying (or sisting) the proceedings if it is satisfied of prescribed matters, and

(f)for securing that any determination or direction of the PPF Ombudsman under the regulations is binding on prescribed persons.

(5)Regulations under subsection (1) may include provision—

(a)conferring power on the PPF Ombudsman to direct the Board to pay such compensation as he considers appropriate to such persons as he may direct,

(b)conferring power on the Board to make such payments,

(c)conferring power on the PPF Ombudsman to direct that—

(i)any determinations, directions or other decisions which are made by the Board in accordance with any determination or direction given by him, or

(ii)any variations, revocations or substitutions of its determinations, directions or other decisions which are made by the Board in accordance with any determination or direction given by him,

are to be treated as if they were made at such time (which may be a time prior to his determination or direction) as he considers appropriate,

(d)conferring power on the PPF Ombudsman to direct that any notice varied, substituted, issued or given by the Board in accordance with any determination or direction given by him is to be treated—

(i)as if it were issued or given at such time (which may be a time prior to his determination or direction) as he considers appropriate;

(ii)as if it became binding for the purposes of this Part at the time at which he gives his determination or direction or at such later time as he considers appropriate,

(e)prescribing the circumstances in which any determination or other act of the Board in accordance with any determination or direction given by the PPF Ombudsman, is not to be treated as being a reviewable matter for the purposes of this Chapter, and

(f)conferring such other powers on the Board as may be required when a matter is remitted to it (including such powers as the Board may have on making a review decision or a reconsideration decision under regulations made under section 207(1)).

Print The Whole Cross Heading

Print This Section only

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open The Whole Act as a PDF

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open The Whole Act without Schedules as a PDF

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Opening Options

Different options to open legislation in order to view more content on screen at once

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy

lists of changes made by and/or affecting this legislation item

confers power and blanket amendment details

all formats of all associated documents

correction slips

links to related legislation and further information resources

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy